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| *Loan,banking and credit>>>child tax |
Who can claim the child for taxes if parents are separated? |
My son is less than 1 yr old..his mom will be claiming him this year, everything has been to court and worked out except this issue of taxes which has never been discussed. I pay 55 percent of the total child support and have him for like 130 overnights a year. Should it be like alternating years for who can claim him? Am i entitled to that if i take it back to court since his mom thinks she will get to claim him every year I hate to say it,but it will probably be Mom. The irs has guidelines on what constitutes a dependant and who gets to claim the child. http://www.irs.gov/publications/p501/ar0... Children of divorced or separated parents. A child will be treated as the qualifying child of his or her noncustodial parent if all of the following apply. The parents: Are divorced or legally separated under a decree of divorce or separate maintenance, Are separated under a written separation agreement, or Lived apart at all times during the last 6 months of the year. The child received over half of his or her support for the year from the parents. The child is in the custody of one or both parents for more than half of the year. A decree of divorce or separate maintenance or written separation agreement that applies to 2005 provides that the noncustodial parent can claim the child as a dependent (and, in the case of a pre-1985 agreement, the noncustodial parent provides at least $600 for the support of the child during the year) or the custodial parent signs a written declaration that he or she will not claim the child as a dependent for the year. Custodial parent and noncustodial parent. The custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent. If the parents divorced or separated during the year and the child lived with both parents before the separation, the custodial parent is the one with whom the child lived for the greater part of the rest of the year. Example. Your child lived with you for 10 months of the year. The child lived with your former spouse for the other 2 months. You are considered the custodial parent. you may have grounds to ask for the deduction, but I wouldn't bet the bank on it. That said, I commend you on having some much time with your son. I think you may want to conside what the monetary impact will be VS the hard feelings you may incur and the strain it may make. You may just have to be the bigger person and let it go ( which you will be doing a lot, being a divorced parent) for the good of your child and for peaceful relations with the ex, which will also impact your child all his life. If you can discuss this with your attorney or a parent support group. Good luck. Also if you can agree to alternate year claims you will need to have her sign an irs form 8332 or a similar statement (containing the information required by the form) to make the written declaration to release the exemption to the noncustodial parent. The exemption can be released for 1 year, for a number of specified years (for example, alternate years), or for all future years, as specified in the declaration. If you don't have this formand she decides to claim him a verbal agreement will not do you much good with the irs. Source(s): http://www.irs.gov/publications/p501/ar0... The tax write off is is owed to the parent who the child lives with and goes to school with each day as part of their growing up, not visiting... The kids main home where he sleeps and goes to school and eats and has his clothes... I've never heard of it not being ruled on in court. Usually it is a matter handled during the financial proceedings. Nevertheless, the primary custodial parent has the right to carry, or the exception would be opposite year- even and odd. I'd seek legal advice. The tax rule states that the parent with whom the child resided with more or contributed more in the the money department. Check out the IRS website for more info. Since this was not addressed in your divorce, I would tell your ex that you are claiming your child next year and that you will alternate every other year. The key is not for you both to claim your son in the same year for this will NOT work!!! Generally the person who cares for the child does have more rights to claiming them on their income taxes. I think you should consult with an attorney for some legal advice to be safe. |
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